§ 5-109. Hearing procedures.
A. The Commissioner shall preside over all hearings, and shall call the proceedings to order, control the presentation of evidence, the appearance of witnesses, and the order of the proceedings.
B. The Commission may require any person including, but not limited to, any applicant or licensee, or any agent, employee or representative of any applicant or licensee, to appear and testify before it with regard to any matter within its jurisdiction at such time and place as it may designate. Such testimony shall be under oath and may include any matters which the Commission deems relevant to the discharge of the Commission’s official duties. Testimony shall be recorded by a duly certified court reporter and may be used by the Commission as evidence in any proceeding or matter before the Commission. Failure to appear and testify fully at the time and place designated shall result in sanctions. Failure to appear may constitute grounds for:
1. The refusal to grant or renew a license to the person summoned, and/or that person’s principal, or employer;
2. The revocation or suspension of a license held by the person summoned, and/or that person’s principal, or employer; or
3. The inference that the testimony of the person summoned would have been adverse to that person and/or that person’s principal or employer.
C. Any party to the hearing may call and examine witnesses. The Commission shall exercise its discretion to limit the testimony of witnesses where that testimony is argumentative or repetitive.
D. The Commission shall have the authority to eject from the hearings any person who is disruptive, disorderly, or who shows a lack of proper respect for the Commission or the nature of the proceedings.
E. Persons shall be permitted to speak only when recognized by the Chair. This provision also applies to administrative hearings under Section 5-103(A) of this Title.
F. Any member of the Commission may ask questions of witnesses, and may request or allow additional evidence at any time.
G. Any party to the hearing may conduct cross-examinations reasonably required for a full and true disclosure of the facts.
H. Hearings shall be open to the public. The Gaming Commission or its designee may order a hearing or any part thereof closed, where to do so would be in the best interests of the parties, a witness, the public, or other affected persons, or the subject matter of the hearing contains sensitive or proprietary information. Any order closing the hearing shall set forth the reasons for the decision. Any objections thereto shall be made a part of the record. “Public” means anyone who is not a member of the Gaming Commission or its staff, a party to the hearing (including a representative thereof), or a witness.
I. The Commission, in its discretion, has the power to sequester witnesses. ONCA 07-09, eff. Dec. 8, 2006; ONCA 10-73, eff. Oct. 5, 2010; ONCA 11-09, eff. Feb. 11, 2011.